December 2022 Regulatory Update

On 9 September 2019, the New York State Governor signed bill (SB S4389B) regarding 1,4-dioxane into law. The bill bans 1,4-dioxane in cosmetic products, personal care products and household cleansing products, whether intentionally added or as a by-product of the manufacturing process. The bill will take effect starting 31 December 2022. A more stringent limit will further be applied by the end of 2023.

“Cosmetic product” is defined as any article intended to be rubbed, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for beautifying, promoting attractiveness or altering the appearance and intended for use as a component of any such article. It shall not include any personal care products.

“Personal care product” is defined as any product intended for cleaning or cleansing any part of the body, such as the skin and hair including but not limited to, hair shampoo, hair conditioner, soap, bath gels and other bath products.

Details of the 1,4-dioxane requirements are listed in below table.

The Consumer Product Safety Commission (CPSC) published final rule 16 CFR 1239 Safety Standard for Gates and Enclosures to incorporate by reference to ASTM F1004-22, Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures on 14 November 2022. ASTM F1004 is intended to address head and neck entrapment hazards in these products for children, and to address the ability of pressure gates to resist a push-out force.

As referenced in the published document, the revision, ASTM F1004-22, includes changes to the illustrated examples of warning labels referenced as “Figures” in Section 8.4.7. The warning statement: “You MUST install wall cups to keep the gate in place. Without wall cups, child can push out and escape.” was removed from Figure 8 through 10, and the same warning statement is shown as a standalone label in a new Figure 11. This change reflects the requirement in Section 8.5.7 for pressure-mounted gates to have a separate warning, specific to installation of wall cups, if the design of that gate relies on the wall cups to meet the push-out force requirements.

ASTM F1004-22 contains editorial changes but did not change the testing requirements, testing equipment, or testing protocols for gates and enclosures. Manufacturers of expansion gates and expandable enclosures should review their packaging and instruction manual to comply with the updates. The rule will go into effect on 21 January 2023.

*Other Hazards include Chemical Hazard, Crash Hazard, Poisoning Hazard, Explosion Hazard, Skin Irritation Risk, Amputation Hazard, Crushing Hazard, Electric Shock Hazard, Puncture Hazard, Choking Hazard and Eye Irritation Risk with a frequency of less than 2.

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*Other Hazards include Health Risk Hazard, Fall Hazard, Crash Hazard, Amputation Hazard, Crushing Hazard, Strangulation Hazard, Puncture Hazard, Suffocation Hazard, Entrapment Hazard and Laceration Hazard with a frequency of less than 2.

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In meetings on 9-10 October 2022, the Gulf Standardisation Organisation (GSO) approved Amendment TC-225310-01 to the Gulf Technical Regulation for Low Voltage Electrical Equipment and Appliances. The amendment replaced the table under point 2e of annex (1) of Gulf Technical Regulation BD-142004-01 regarding voltage, frequency, type and shape of plugs and sockets. Measures of a technical nature are prescribed in the amendment to ensure protection against hazards arising from the electrical equipment.

The updated voltage and frequency of each Member State of the Gulf Cooperation Council (GCC) and Yemen must be considered, as well as the type and shape of plugs and sockets which are shown in the below tables.

This amendment was published on the Gulf Standardisation Organisation website on 30 October 2022 and became effective from this same date.

Type G Plug	Type G Socket	Type M Plug	Type M Socket
Type D Plug	Type D Socket	Type C Plug	Type C Socket

Remark: the type M plug has three round pins in a triangular pattern and looks similar to the Type D plug, but its pins are much larger. Type M plugs are sometimes used for bigger appliances in countries that make use of Type D plugs.

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In the third quarter of 2022, the European Committee for Standardization (Comité Européen de Normalisation, CEN) published two new standards for the overall migration test methods in various simulants for food contact plastics, namely EN 1186-2:2022 “Materials and articles in contact with foodstuffs – Plastics – Part 2: Test methods for overall migration in vegetable oils” and EN 1186-3:2022 “Materials and articles in contact with foodstuffs – Plastics – Part 3: Test methods for overall migration in evaporable simulants”. The latest date of withdrawal (DOW) by which any conflicting national standards must be withdrawn is by 31 January 2023 and 28 February 2023, respectively.

New standard EN 1186-2:2022 specifies the method for the determination of the overall migration of food contact materials and products in vegetable oil food simulants at 4°C-175°C. This standard combines six previous standards involving the determination of overall migration in vegetable oils into one standard, and covers part of the overall migration test standard at high temperature. Similarly, new standard EN 1186-3:2022 combines six previous standards covering methods for the determination of overall migration in aqueous food simulants and chemical alternative solvents into one standard. This standard specifies the method for the determination of the overall migration of food contact materials and articles in evaporable simulants at 4 °C to 100 °C (or reflux temperature).

Highlights of the two standards are listed in below table.

On 23 November 2022, the European Union (EU) issued Regulation (EU) 2022/2291 of 8 September 2022 to amend Regulation (EU) 2019/2021 for persistent organic pollutants (POP Recast Regulation) by adding a defined limit value for unintentional trace contaminant (UTC) of 10 mg/kg of hexachlorobenzene. (Hexachlorobenzene was listed in Annex I to Regulation (EU) 2019/2021 without a UTC limit value.) This helps to clarify the legal situation and facilitate enforcement regarding the use of substances, mixtures and articles containing hexachlorobenzene.

The European Commission has determined the presence of hexachlorobenzene as an impurity in some substances, mixtures or articles, including pesticides, chlorinated solvents, coatings, inks, paints and toners, wood and textile applications, as well as plastics. Regulating hexachlorobenzene furthers the effort to protect human health and the environment.

The new law took effect on 13 December 2022.

The UK Conformity Assessed (UKCA) marking has been introduced as part of the United Kingdom’s own robust regulatory framework. It shows that products comply with product safety regulations which are designed to protect consumers. This is similar in nature to the CE mark which shows that the manufacturer has checked that products meet the European Union’s safety, health or environmental requirements.

Given the difficult economic conditions created by post-pandemic shifts in demand and supply, alongside the war in Ukraine and the associated high energy prices, the British government does not want to burden businesses with meeting this requirement by the original (31 December 2022) deadline.

The government will continue to recognize the CE marking for an additional two years, allowing businesses until 31 December 2024 to prepare for the UKCA marking. Businesses can also use the UKCA marking, giving them flexibility to choose which marking to apply during this timeframe.

*Other Hazards include Damage to Hearing, Cut Hazard, Microbiological Hazard, Suffocation Hazard and Environmental Hazard with a frequency of less than 3.

*Other Categories include Household Items, Accessories, Outdoor Living Items, Car Components, Stationery, Computer / Audio / Video / Other Electronics & Accessories, Furniture and Home Electrical Appliances with a frequency of less than 3.

*Other Countries include Denmark, United Kingdom in Respect of Northern Ireland, Slovenia, Bulgaria, Greece, Croatia, The Netherlands, Austria and Spain with a frequency of less than 4.

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Recently published Product Standard FZ/T 81007-2022 for Casual Wear is applicable to woven casual wear for adults and children aged >3 years old. The Ministry of Industry and Information Technology of the People’s Republic of China (PRC) published this updated standard to replace the previous edition, FZ/T 81007-2012.

The main technical changes (relative to the requirements and/or test methods) in comparison to the previous edition are identified below.

Revisions include, but are not limited to, those for:

1. Check/stripe alignment, color difference, appearance defects, sewing appearance, Ironing appearance, colorfastness to wet rubbing, appearance after wash
• Requirement UPDATED
2. Chemical/physical test requirement section
• Footnotes UPDATED
3. Test methods section
• UPDATED
4. Colorfastness to phenolic yellowing, tear strength
• Requirement newly ADDED
• Test method newly ADDED
5. Splicing
• Requirement REMOVED
6. Appendix A, Appendix B
• REMOVED

Important note:

Children’s products (aged >3 to 14 years old) shall also comply with the requirements in the GB 31701 standard for infant and children's textiles sold domestically in China.

Updated Dress and Suit Product Standard FZ/T 81004-2022, which was recently published as an update to version FZ/T 81004-2012, is applicable to woven dresses, skirts and dress suits for adults and children aged >3 years old.

The main technical changes (relative to the requirements and/or test methods) in comparison to the previous edition are identified below.

Revisions include, but are not limited to, those for:

1. Check/stripe alignment, color difference, appearance defects, sewing appearance, ironing appearance, colorfastness to wet rubbing, appearance after wash
• Requirement UPDATED
2. Chemical/physical test requirement section
• Footnotes UPDATED
3. Test methods section, Appendix A content
• UPDATED
4. Colorfastness to phenolic yellowing, tear strength
• Requirement newly ADDED
• Test method newly ADDED
5. Splicing
• Requirement REMOVED

Important note:

Children’s products (aged >3 to 14 years old) shall also comply with the requirements in the GB 31701 standard for infant and children's textiles sold domestically in China.

*Other Hazards include Entanglement Hazard, Crash Hazard, Risk of Allergy, Microbiological Hazard, Entrapment Hazard, Swallowing Risk, Ingestion Hazard, Poisoning Hazard, Damage to Sight, Puncture Hazard and Strangulation Hazard with a frequency of less than 3.

*Other Categories include Construction Products, Chemicals and Furniture with a frequency of less than 3.

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